Johnson v. NYS Workers Compensation
- Laura Swain
- 1:25-cv-01619
- U.S. District Court · Southern District of New York
- 1
Johnson v. NYS Workers Compensation: Judge Swain dismissed Robert W. Johnson’s case without prejudice because he filed without required court permission.
Robert W. Johnson’s new civil action was dismissed without prejudice; the opinion does not describe any merits ruling on his claims against NYS Workers Compensation.
What happened
In Johnson v. NYS Workers Compensation, Robert W. Johnson filed a new case without a lawyer and asked to proceed without paying filing fees. An earlier order had barred him from filing new cases without first getting permission from the court.
The court said Johnson had not requested that permission and dismissed the case without prejudice for violating the earlier order. This ruling did not address the underlying claims against NYS Workers Compensation.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Johnson v. NYS Workers Compensation · No. 1:25-cv-01619
- Laura Swain
- Feb. 27, 2025
Background
The opinion states that, on July 10, 2020, Robert W. Johnson was barred from filing any new civil action in the Southern District of New York without paying filing fees unless he first obtained permission from the court. In this new case, Johnson proceeded without a lawyer, requested permission to proceed without paying filing fees, and did not seek the required permission to file.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Johnson failed to comply with the earlier filing restriction. The opinion does not address the underlying claims against NYS Workers Compensation.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The court also directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.